Last Updated: June 1, 2022Welcome to the HYEL, Inc. (“HYEL”) website located at www.hyel.app (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our Site and our video chat services accessible via our Site and our mobile device applications (each, an “App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
Agreement to Terms.By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.
Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND HYEL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.Changes to Terms of Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site, on our Apps, or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who may Use the Services?Eligibility. While some aspects of the Services are provided to all users, for other aspects, such as the ability to create an account or use some social features, you must be at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory). If you are under the age of 18, your parent or legal guardian must read and accept these Terms on your behalf. Parents and legal guardians are responsible for the acts of their children using the Services.
Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account"). You can do this via the Site (via SMS authentication) or, if we offer such functionality, through your account with certain third-party social networking services such as Facebook or Twitter (each, an “”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Feeback. We welcome feedback, comments and suggestions for improvements to the Services (“F”). You can submit Feedback by emailing us at
support@hyel.app.
You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any restriction or compensation to you.
Virtual Goods and Game CurrencyLimits on Use of Game Currency and Virtual Goods. Except as otherwise communicated to you within the functionality of the Game, Game Currency and Virtual Goods are not transferable from one Game to another. You may also be able to obtain certain Virtual Goods and Game Currency without purchase, such as an in-Game award. There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-Game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Services.
Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by these Terms and the App Store Agreement(s). Provided you comply with the terms of these Terms and the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game in question and within the Game (unless we otherwise communicate to you that you may use them in multiple Games) and for no other purpose.
Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THESE TERMS.
One-Time Payments and Subscriptions. We may require payment for use of certain portions of the Services. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“”) for such use.
General Guidelines. When you make a payment to us, such as for Game Currency, Virtual Goods, a Subscription, or a Game itself (each, a “Transation”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. Your purchase will be made through the functionality available through the App Store or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is an App Store Agreement or another payment platform agreement. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Subscriptions. If you purchase a Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each year thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE HYEL TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. You can cancel your Subscription at any time from within our Apps, or by contacting us at
support@hyel.app.
By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features, and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Hyel. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
You may cancel a Subscription for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF PAYMENT. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
Content and Content RightsFor purposes of these Terms: (i) “Conent” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
HYEL does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, HYEL and its licensors exclusively own all right, title and interest in and to the Services and Content (other than User Content), including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to HYEL a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, publicly perform and distribute your User Content in connection with operating, improving, and providing the Services and Content to you and to other users of the Services.
Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by HYEL on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make or data preserved for analytics purposes) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by HYEL. Subject to your compliance with these Terms, HYEL grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps.Rights in Apps Granted by HYEL. Subject to your compliance with these Terms, HYEL grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of our Apps on a mobile device or computer that you own or control and to run such copy of the Apps solely for your own personal non-commercial purposes. You may not copy the Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps (unless applicable law permits, despite this limitation); or (iv) except through the Apps’ standard chat functionality, make the functionality of the Apps available to multiple users through any means. HYEL reserves all rights in and to the Apps not expressly granted to you under these Terms.
Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “
App Provider”). You acknowledge and agree that:
These Terms are concluded between you and HYEL, and not with the App Provider, and HYEL (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HYEL.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, HYEL will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third-party terms of service when using the App.
General Prohibitions and HYEL’s Enforcement Rights.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, HYEL’s name, any HYEL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Hyel’s express written consent;
Access, tamper with, or use non-public areas of the Services, HYEL’s computer systems, or the technical delivery systems of HYEL’s providers;
Attempt to probe, scan or test the vulnerability of any HYEL system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HYEL or any of HYEL’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HYEL or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a HYEL trademark, logo URL or product name without HYEL’s express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms, including but not limited to selling, renting, leasing, licensing, distributing, or otherwise transferring the Services, Game or any Content, Virtual Goods or Game Currency, or participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. HYEL respects copyright law and expects its users to do the same. It is HYEL’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see HYEL’s Copyright and IP Policy at www.hyel.app/copyright-IP-policy for further information.
Third-Party Games. The Services provide interoperability services with third-party programs and games. Third party games presented to you over the Services are not owned by HYEL and HYEL does not claim any ownership of any trademark or other intellectual property right in any such third-party game. If you are the owner of such a third party game or any intellectual property right related thereto and wish such game or intellectual property be removed from our Services, please see our Copyright and IP Policy at
www.hyel.app/copyright-IP-policy for more information.
Links to Third-Party Websites or Resources. The Services (including the Apps) may contain links to and interoperability with third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at
support@hyel.app. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions will survive: 6, 7, 8, 10, 14, 15, 16, 17, 18, 19, and 20.
Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Indemnity. You will indemnify and hold harmless HYEL and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HYEL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR INVASION OF PRIVACY, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYEL OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HYEL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO HYEL FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HYEL, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HYEL AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution” the exclusive jurisdiction for all Disputes (defined below) that you and HYEL are not required to arbitrate will be the state and federal courts located in the Southern District of California, and you and HYEL each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and HYEL agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and HYEL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions and Opt-out. As limited exceptions to Section 19(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “”) then in effect, except as modified by these Terms. The AAA Rules are available at
www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at
www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 19(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver.
YOU AND HYEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 19(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between HYEL and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HYEL and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without HYEL’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. HYEL may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by HYEL under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. HYEL’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HYEL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
HYEL EVENTS OFFICIAL RULESTHESE OFFICIAL RULES CONTAIN A CLASS ACTION WAIVER AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND SPONSOR REGARDING THE EVENT.
How to enter. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER.
VOID WHERE PROHIBITED. The HYEL Event (“Event”) is governed by these Official Rules. This Event is sponsored by HYEL, Inc. , 3435 Wilshire Blvd, Los Angeles, CA 90010 (the “Sponsor”). The Event will begin at or about 10 AM PT on Thursday, November 16, 2023 and end at or about 7:15 PM PT on Friday, November 24, 2023 (“Event Period”).
The Event IS FREE TO PLAY. The Event takes place via the official HYEL mobile application for iOS (the “HYEL App”) and is administered, and tickets are provided, according to the terms as provided herein. To participate in the Event, eligible participants must download the HYEL App as available in the Apple App Store. The HYEL App is available for download at no charge. To be eligible, participants must also either (i) have an existing HYEL Account or (ii) create a free HYEL Account by completing the registration requirements in the HYEL App. Multiple account registrations may result in disqualification and is a violation of the HYEL
Terms of Use. Please note that certain features of the Event are only available on iOS.Sponsor reserves the right, at its sole discretion, to disqualify any individual (and all of their entries) who tampers with the entry process or who Sponsor believes has violated these Official Rules. Automated entries are prohibited and any use of automated devices, robots, mechanical, programmed or similar methods for obtaining tickets or entry will lead to disqualification. Sponsor reserves the right to cancel, terminate, or modify the Event if it cannot be operated, conducted or completed as planned, or for any other reason.
Eligibility. The Event is open to individuals who are eligible to open and maintain a HYEL Account and are eighteen (18) or older at the time of entry. All applicable laws and regulations apply. VOID WHERE PROHIBITED OR RESTRICTED, INCLUDING, BUT NOT LIMITED TO, RESIDENTS OF QUEBEC, CANADA, WHO ARE NOT ELIGIBLE TO PARTICIPATE. Participation constitutes participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Event. The following individuals are not eligible to participate in the Event: (a) directors, employees, and representatives of HYEL and (b) the immediate family (i.e., spouse, parents and step-parents, siblings and step-siblings, and children and step-children, regardless of where they reside) and household of each such individual. A participant may be required to provide proof he/she is the person with the registered HYEL Account to be eligible to claim an item.Sponsor and its subsidiaries and affiliates are not responsible for late, lost, delayed, unclear, incomplete, misdirected, or ineligible entries which will be disqualified or for technical, hardware, or software malfunctions of any kind, lost, or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Event, which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Event. All decisions by Sponsor regarding the provision of tickets are binding in all respects. If for any reason a participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the participant's sole remedy is another entry in the Event.Any prize item not claimed by 11:59 PM PT on Friday, December 22, 2023 may be forfeited. If any item notification, item, or Event communication is rejected or returned as undeliverable or if a potential item winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), such potential winner may forfeit their item. Upon item forfeiture, no compensation will be given to the potential winner. Please ensure that your email and HYEL App settings are set up to allow for receipt of email communications or push notifications from Sponsor. Sponsor assumes no responsibility for undeliverable item notifications resulting from undelivered messages, any form of active, or passive filtering by participant’s account or email settings or for insufficient space in a participant’s user account to receive notifications or emails.Except as otherwise set forth herein, all items legitimately claimed will be awarded. No transfers, item substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. In addition, Sponsor reserves the right, in its sole discretion, to substitute an item (or portion thereof) of comparable or greater value whether due to the unavailability of an item or item component, or for any other reason. Items are non-refundable and must be accepted as awarded. Winners will be solely responsible for any applicable shipping fees, operations costs, fuel surcharges, taxes, and duties on their prizes.In the event a potential item winner is not able to meet the requirements for claiming the item, such winner shall not be entitled to the item, or any other item, compensation, or monetary value whatsoever, and Sponsor will have no further obligation to the potential winner.
Taxes. Under prevailing federal, state, and local tax, and non-US rules and regulations, a prize may constitute taxable income to a winner. Please consult with a tax professional to discuss the tax implications of acceptance of a prize. Sponsor may require winners to complete and submit a Form W-9, a W-8BEN, or other applicable tax forms as a condition of receiving a prize, and a winner may be required to furnish their social security number or applicable tax ID number for the sole purpose of legal compliance, including preparation of any tax forms as required by law. Winners are solely responsible for any federal, state and local, and non-US taxes that may be due on a prize or the value of a prize, and winners may be issued an IRS Form 1099-MISC (or other applicable tax forms), and/or a state tax disclosure form reporting the value of the prize. Winners that reside in jurisdictions other than the US may additionally be subject to US withholding tax depending on their location, which will be confirmed prior to the issuing of the prize.
LIMITATION OF LIABILITY/REQUIREMENTS. By entering, participant agrees to release, defend, hold harmless and indemnify Sponsor and item provider(s), and their respective parents, subsidiaries, affiliates, contractors, directors, officers, employees and agents against any and all liability, damages, or causes of action (however named or described), with respect to or arising out of any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of an item awarded in the Event, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity, or merchandise delivery. False or deceptive entries or acts will render the participant ineligible. By entering, each participant further agrees that (a) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Event, or any item awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS EVENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.By participating in this Event, each participant agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Event activity. Each participant further agrees to adhere to the HYEL Terms of Use, including but not limited to the prohibition on defamatory, obscene, pornographic, vulgar, or offensive content by such participants. Participants partake in the Event at their own risk. Failure to comply with these Official Rules may result in disqualification from this Event.Should any portion of the Event be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, or other causes which, in the sole opinion of the Sponsor, corrupt, or impair the administration, security, fairness or proper play, or submission of entries. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Event and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to such action. Sponsor reserves the right to revise these Official Rules at any time.
NOTE ABOUT SOCIAL MEDIA PLATFORMS: Sponsor is not responsible for any changes or unavailability of any social media platform, including, but not limited to, Facebook, Instagram, Snapchat, TikTok, or Twitter that may interfere with the Event, including any limitations, restrictions, or conditions on Sponsor’s ability to use any social media platform for the Event as set forth in these Official Rules that are not acceptable to Sponsor or the inability of participants to post content, share, or communicate with Sponsor via any social media platform. Your use of any social media platform is subject to the terms and conditions set by such social media platform.
Publicity and Marketing: Except where prohibited by law, submission of an entry in the Event constitutes permission to the Sponsor and its affiliates and those operating on its behalf to use the participant’s name, image, biographical information, voice, statements, image, picture, and likeness for purposes of administration of the Event (including, posting winner’s name on Sponsor’s social media channels) and in advertising and trade, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further notice, approval, or compensation. Sponsor and its designees are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
Choice of law/venue. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of participants and Sponsor in connection with the Event, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the city of Los Angeles, California.HYEL is a registered trademark of HYEL, Inc. All other trademarks and logos are the property of their respective owners, and no affiliation, sponsorship, or approval of such owners is implied.
Contact Information. If you have any questions about these Terms, please contact us at:
HYEL3435 Wilshire Blvd 14th floor, Los Angeles, CA 90010
support@hyel.app 